Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-08-03
'NFoR NATION
~.'..FoR....
OWNERS AND IOcA1nps
....oR...,
MI ES
APPLICATION FOR PATENT

n mneie papers have once been filed Win
use.S'er aho receiver they become "n
- record, and can neither be witbd,psft
ersl Land on c must De transmitted to the e sof
al application will be rejected vhan
sufficient. ofroneous Or
cause: rejected bs
First The notice was published
knowledge of the Register. ~i'noutts
econd-T notice was NOT n,h,.-
claim. unearestta
~Third-Record title w. -
and y" ~oeiectys,
Fourth--A previous application
made for the same premises. which naa peen
drawn pending Q suit In Court comus mi,h.
the adverse claimsnt. eneea By
An application for patent will be- ,o,.,..,
mnen .ne survey does not accurately define tSs
Where the claim was not lacstaa
ance with law. sccord-
Where several parties own separate .ns !.
tnct portions OF q claim, appllcstion Nv
patent may be made by either for thai no,,i ioi
OF the claim owned by him. but whsrs PoIuoa
parties own undivided interests in : so.ersl
claim all should join in an spplicstion snnaas
patent. 'ors
A person or association NAV nprob.s..
many placer locations Is the local isw sdm,.a
and embrace them all in one application 70,
patent.
Two or more lodes cannot be- emhr.oo,,
one application for a patent except for nlses
claims embracing two or more lodes WIN,
their boundaries "Nma
Papers sworn TO before any person purpOs
ing to act as a deputy for the Register ana p.
ceiver cannot be recorded ~ evidences.
In all patents for mining claims sitn.,.,
within the interior boundaries of a town sihs
q clause Is inserted Excepting and eYcInd;rs
all town property, rights upon the surfaes
ana all houses, buildings. structures, lots'
blocks, streets, alleys or other municipal I'M
provements not belonging TO the grantee hs,.
In. and all rights necessary or proper 10 ~
occupation, possession and enjoyment Of Ia
same"
Publication of notice must be made u onl,
one newspaper for the period OF co days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in dsiIy
newspapers 60 days must elspse between ~
frat and last insertions.
Where the Register design stes the dsily isms
OF q newspaper for publication of notices Of /.
mining application for patent ID 10 not A com.
pliance with law TO change TO the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence OF q salt spring on q tract Of
land withdrsws It from the operation of the
homestead and presumption lava. A hearing
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits Of slate NAV be
entered under the mining Acts.
Adverse CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed.
cannot be Withdrawn, but becomes q part OF the
record.
When an adverse claim has been fled it can.
not be amended 30 as to embrace q larger Der.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be msde out In
proper form and filed In the proper local office
during the period of publication OF the appll.
cation for the patent TO be effective.
1t is the duty OF the adverse claimant 0
commence suit In proper form within the re-
CURED time. and If he trusts the unesrtait
medium Of the United States mail he must
abide the consequences, should the delsy
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions of law, without stating the
facts specially, Will not be considered in syi.
dence.
An adverse claimant should show a conpl.
ance with the local laws in recording his claim
and in regard to expenditures. and shsll file Q
copy OF the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original locators or the identical parties who
present the adverse claim.
~ULT OR MINERAL LANDS.
Where land is of little, II any value, for agri
cultural purposes, but Is essential to the
proper development OF mining claims, IL
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled at any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis
covered upon q tract after the same ias been
en- tered as agricultural, but before I stent has
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be Cancelled "
that portion Of the land embraced by SAID
mining claim.
agricultural lands after the patent has Deeh
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before disposing Of the mine. Proof that iao
party was not 9 citizen before disposing OF h'
claim must be afirmatively shown. -,
Locators and intermediate owners, othet
than applicants, will not be presumed alens.
IL the absence of allegation or objection priVr
to issuance Of patent.
The portion Of a mining claim SOLD W w
alien cannot be patented while such owner u
an alien; but on his declaration o pecome :
citizen his right dates back to his purchase
aud he may thereupon secure United s's''s
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2,336: .u,
Where two or more lodges cross or inteiseus
each other, priority OF title shall govern. anu
such prior location shall be entitled to on oo
or mineral contained within the space OF inter
section. but the subsequent location shall haVo
| the right Of way through the space OF in'oi.
section for the purpose of the convenien'
working of the mine. And where two or Fiois
| veins unite the Oldest or prior Location shn'
take the vein below the point OF union' ~
Guiding all the space Of intersection.
There is no authority OF law for a tunns,
location 5000 by 800 feet. A proper lovA'o
is the width of the tunnel for 5000 feet. -.
There Ia no provision OF law Tor pateh'.ne
tunneI iocstions. but lodes discovered IN run
ning 4 tnnneI may be patented in like manner